Jersey Judgment

Evans v Att. Gen. [1997] JLR 94 (09 April 1997)

Criminal Law Fresh Evidence on Appeal Criminal Appeals

Citation: [1997] JLR 94
Status: Judgment
Jurisdiction: Jersey
Posture: Criminal Appeal / Appeal

More details

Posture: Criminal Appeal / Appeal

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Professional case brief

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Source document

Holding and result

Fresh evidence may only be admitted on appeal if it was unavailable at trial, is relevant, credible, and would likely create reasonable doubt as to the appellant's guilt.

Material facts

Parties

Evans

Appellant

Attorney General

Respondent

Procedural history

Posture

Criminal Appeal / Appeal

Questions and positions

Legal issues

Whether fresh evidence should be received on appeal

Party arguments

Applicant: Applicant seeks to introduce fresh evidence on appeal, arguing it was unavailable at trial, is relevant, credible, and would create reasonable doubt as to guilt.
Respondent: Respondent contends that the reception of fresh evidence on appeal should be exceptional and subject to strict criteria.

Court’s reasoning

Legal principles

01
Evans v Att. Gen. [1997] JLR 94

Reception of fresh evidence on appeal is exceptional and may be permitted if (a) it was unavailable at trial; (b) it is relevant; (c) it is capable of belief; and (d) it would create reasonable doubt of the appellant's guilt if given at trial.

Ratio, limits and disposition

Ratio decidendi

Fresh evidence may only be admitted on appeal if it was unavailable at trial, is relevant, credible, and would likely create reasonable doubt as to the appellant's guilt.

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Judgment text

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Judgment

[1997] JLR 94

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BAILII >> Databases >> Jersey Law Reports >> Evans v Att. Gen. [1997] JLR 94 (09 April 1997) URL: https://www.bailii.org/je/cases/JLR/1997/JLR970094.html Cite as: [1997] JLR 94 [ New search ] [ Help ] Evans v Att. Gen. 1997 JLR 94 (09 April 1997) Criminal Procedure - appeals - fresh evidence - reception of fresh evidence on appeal exceptional-may be permitted if (a) unavailable at trial; (b) relevant; (c) capable of belief; and (d) would create reasonable doubt of appellant's guilt if given at trial The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1997 JLR 94 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1997/JLR970094.html

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Evans v Att. Gen. [1997] JLR 94

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